Ejazul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15026 of 2025 ====================================================== Ejazul Haque, S/o Late Dr. Shamshul Haque, Residence of Village- Kagji Mohalla, P.O.- Baidrabad, P.S. and District- Arwal. Presently residing at Main Road Chowk Bazar, Ward No.- 13, P.O. and P.S.- Daudnagar, DistrictAurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The District Magistrate-cum-Collector, District- Arwal. 4.

The Additional Collector, District- Arwal.

5.

The Deputy Collector Land Reforms, District- Arwal. 6.

The Circle Officer, Arwal.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Alka Verma, Adv.

Ms. Akanksha Kumari, Adv.

Mr. Ansul, Adv.

For the Respondent/s :

Ms. Anuradha Singh (SC-21) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-09-2025 The instant writ application has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs :- " i. To issue an appropriate writ, order, or direction in the nature of Mandamus, commanding Respondent No. 6, the Circle Officer, District-Arwal, to forthwith cancel the illegal and unauthorised mutation entry recorded as Jamabandi No. 82/9, pertaining to Khata No. 18, Plot Nos. 211, 212, and 214, Mauza - Muradpur Hujra, Thana No. 80, which has been created without any lawful order or sanction of the competent authority, in strict

2/4 compliance with the order dated 12.07.2023 passed by the learnedAdditional Collector, Arwal in Mutation Case No. 79/AC/2022, whereby Jamabandi No. 82/9, presently standing in the name of Respondent No. 7, Smt. Shehnaaz Bano, has been declared illegal and ordered to be cancelled. ii. To direct the said the Circle Officer to take immediate steps to unlock the said mutation entry in the revenue records and restore the lawful and original status of the land in accordance with the valid Jamabandis standing in the name of the petitioner's predecessor, as specifically recorded in the aforesaid order dated 12.07.2023 passed by the Additional Collector, Arwal in Mutation Case No. 79/AC/2022.

iii. To further direct that in view of the fact that despite various representations submitted by the petitioner to the respondent authorities, specially the Respondent No. 6 i.e. the Circle officer, Arwal has wilfully failed to comply with the said order dated 12.07.2023 till date, which amounts to deliberate inaction and collusion with the private respondent, immediate and appropriate steps be taken to ensure strict compliance of the aforesaid order.

iv. To any other relief/s to which the petitioner be found entitled in the facts and circumstance of this case and in the eye of the law. "

2. Ms. Alka Verma, learned counsel appearing for the petitioner and Ms. Anuradha Singh, learned SC-21 appearing for the State-respondents, are heard.

3. The main grievance of the petitioner is that the

3/4 order dated 12.07.2023 passed by the Additional Collector, Arwal in Mutation Case No. 79/AC/2022, whereby Jamabandi No. 82/9, presently standing in the name of Smt. Shehnaaz Bano, W/o - Late Mashrool Haque, has been declared illegal and ordered to be cancelled, is not being complied with by the Circle Officer, Arwal (respondent No. 6), and the said order dated 12.07.2023 passed by the Additional Collector, Arwal, has got finality and is currently not under challenge before any other forum. As per the petitioner's counsel, the petitioner has approached to several forums such as the Deputy Collector Land Reforms, Arwal, the District Magistrate, Arwal, and also the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, for the compliance of the order dated 12.07.

2023 passed by the Additional Collector, Arwal. It is very surprising that the Circle Officer, Arwal (respondent No. 6), is sitting tight on the order dated 12.07.2023 passed by the Additional Collector, Arwal in Mutation Case No.

4/4 aforesaid order. So, considering all these facts, the respondent Nos. 2 to 4, are hereby directed to ensure the compliance of the order dated 12.07.2023 passed by the Additional Collector, Arwal in Mutation Case No. 79/AC/2022 if the same has become final, in the next four weeks from the date of receipt of a copy of this Court's order or production of the same and also take necessary departmental action against the Circle Officer, Arwal (respondent No. 6), as per the provisions of law.

4. The petitioner will have a liberty to approach the Additional Collector, Arwal (respondent No. 4), with a prayer to take an action against the Circle Officer, Arwal (respondent No. 6), for not complying with the order dated 12.07.2023 passed in Mutation Case No. 79/AC/2022.

5. Accordingly, with the above directions, the instant writ petition stands disposed of.

(Shailendra Singh, J) annu/- U